Amusement Syndicate Co. v. Milwaukee Mechanics Insurance

The opinion of the court was delivered by

BURCH, J.:

The defendant insured the plaintiff against loss of rent for a building used for a theater, *68stores and offices should it be rendered untenantable by fire. The policy contained the following provision:

“It is understood and agreed that in case the above-named building, or any part thereof shall be rendered untenantable by fire, this company shall be liable to the assured for the actual loss of rents incurring therefrom, but only as such loss shall be ascertained and estimated by the assured and this company, or, if they differ, by appraisers in…